I love this curl, but I worry that if a component takes on the role of deception in order to "keep up" it accumulates a legacy of hard to maintain "compatibility" baggage.
Ideally it should just say... "hey I'm curl, let me in"
The problem of course lies with a server that is picky about dress codes, and that problem in turn is caused by crooks sneaking in disguise, so it's rather a circular chicken and egg thing.
(AIUI Google’s Play Store is one of the biggest TLS fingerprinting culprits.)
The companies to blame here are solely the ones employing these fingerprinting techniques, and those relying on services of these companies (which is a worryingly large chunk of the web). For example, after the Chrome change, Cloudflare just switched to a fingerprinter that doesn't check the order.[1]
Let's not go blaming vulnerabilities on those exploiting them. Exploitation is also bad but being exploitable is a problem in and of itself.
Add to this that the minute you use a signal for detection, you “burn” it as adversaries will avoid using it, and you lose measurement thus the ability to know if you are fixing the problem at all.
I worked on this kind of problem for a FAANG service, whoever claims it’s easy clearly never had to deal with motivated adversaries
If they're doing things the above-board way from their own ASN, block their ASN.
If they're doing things the above-board way from third-party hosting providers, send abuse reports. Late last year there was a commotion because someone was sending single spoofed SSH SYN packets, from the addresses of Tor nodes, to organizations with extremely sensitive security policies. Many people with Tor nodes got threats of being banned from their hosting provider, over a single packet they didn't even send. They're definitely going to ban people who are doing actual DDoSes from their servers.
DDoS is also a federal crime, so if you and they are in the USA, you might consider trying to get them put in prison.